So, Dorsey. There, the Court applied the Fair Sentencing Act to conduct
predating the Act (but not the sentencing hearing) for six reasons. All would
apply to the language of the this bill.

The third and fourth reasons compel Dorsey’s result under the proposed
legislation. Dorsey recognized
that the Fair Sentencing Act “implies
that Congress intended to follow the Sentencing Reform Act background principle”
because the Act required the USSC to issue conforming amendments. The SAFE
Justice Act goes a large step further and requires retroactive application of
its provisions.

Dorsey’s fourth
rationale was to avoid sentencing disparities between those sentenced under the
old law and the new. Well…that seems an apt comparison for a total overhaul of
federal drug laws.

In sum, Dorsey was
a much closer case than we would have if the SAFE Justice Act passes to apply
its terms to pre-sentencing defendants. To be SAFE (ha), wait until the bill is
decided before proceeding to sentencing.